Makeig v Derwent [2002] NSWSC 141

No error of law was identified in the Assessor's finding of a contingency fee arrangement and rejection of the objections to the bill of costs; the plaintiff was not entitled to relief under s 208L.

Jurisdiction: Australia
Judgment Date: 05 March 2002
Procedural Posture: Appeal / Judgment
Outcome: summons dismissed with costs
Legal Topics: ['appeal From Costs Assessor' 'question of Law' 'sufficiency of Evidence' "assessor's Finding of Fact"]

['costs Assessment'] ['appeal From Costs Assessor' 'question of Law' 'sufficiency of Evidence' "assessor's Finding of Fact"]

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

1 ['Whether the Costs Assessor made errors of law in findings of fact without evidence' 'Whether the assessment of costs complied with s 208B of the Legal Profession Act 1987' 'Whether failure to mention non-compliance with ss 175 and 177 constitutes an error of law']

Ratio Decidendi

No error of law was identified in the Assessor's finding of a contingency fee arrangement and rejection of the objections to the bill of costs; the plaintiff was not entitled to relief under s 208L.

Court Disposition

summons dismissed with costs

Orders

['Summons dismissed with costs.']